Page 5279 - Week 16 - Thursday, 28 November 1991
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there are probably hundreds of cases where there is a discretion such as "a commissioner may", "an officer may", or "an authorised person may". It is unnecessary and superfluous to say after every discretion, every time the word "may" is used in relation to a discretionary power, "on reasonable grounds", "if you consider it necessary in the circumstances", "if it all seems a fair thing", or "if they think it is okay", to use a phrase beloved of Mr Stevenson.
A "may" is a discretion under the general principles of administrative law, enforceable in the courts which apply to decisions under this Bill and as to decisions under all other Acts. Decisions, discretions, are exercised in a reasonable manner. It adds simply nothing to the Bill, apart from superfluous words, to put in what Mr Stevenson wants. If we are going to debate it on every occasion, it will just show that it is unnecessary.
In relation to clause 85, he suggested that he would rather change the title - we are back to titles - to "Interim directions" instead of "Interim decisions". Clause 85 deals with directions, but the effect of a direction is a decision - the person takes a decision to issue a direction which has effect for a period. It is a perfectly appropriate and accurate title and need not be changed.
Amendments negatived.
Clauses agreed to.
Clause 86
MR COLLAERY (4.43): I move:
Page 35, line 11, subclause (1), after "VI" insert "or section 63B".
This makes that technical adjustment of the part numbers.
Amendment agreed to.
Clause, as amended, agreed to.
Clauses 87 to 92 taken together
MR STEVENSON (4.44): I move:
Page 37, line 16, omit subclause 91(3).
Subclause 91(3) says:
The validity of a direction referred to in subsection (1), or a decision referred to in subsection (2), shall not be taken to be affected by a failure to comply with subsection (1) or (2).
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